THE SEVERALL TRYALS OF Sir HENRY SLINGSBY Kt. JOHN HEWET D. D. and JOHN MORDANT Esq FOR HIGH TREASON In WESTMINSTER-HALL Together with The Lord President's Speech before the Sentence of Death was pronounced against the afore named Sir H. Slingsby and Dr. Hewet being the 2. of Iune 1658. At which time the said Mr Mordant was by the Court acquitted As also the manner of their Execution on Tower Hill the 8. of June following with the Substance of their SPEECHES on the Scaffold LONDON Printed in the year 1658. The substance of what passed on Tuesday the 25. of May 1658. at the Tryall of Sir HENRY SLINGSBY Kt in Westminster-Hall c. THe High Court being set and the Names of the Commissioners being called The Serjeant at Armes was commanded to fetch the Prisoner to the Bar. Sir Henry Slingsby was brought accordingly to the Bar. Then Proclamation made for silence and the Commission for Tryal of the Prisoner read Proclamation for silence again was made Then Mr. Attorney General Prideaux exhibited a Charge of High Treason against Sir Henry Slingsby the Prisoner which was read the substance of which Charge was as followeth viz. THat the Town of Kingston upon Hull in the County of Kingston upon Hull in England on the 11 of Octob. 1656. and ever since unto the day of the exhibiting of this Charge was and hath been and is yet a Town belonging to this Common-Wealth where there is a Garrison and a great part of the Aâ—…y and Forces belonging to this common wealth That Sir Henry Slingsby late of Redhouse in the County of York Knight â—…nding and iâ—…ending to imbâ—…oil this common wealth in intestine â—…rs the 30. of April last and divers times since the 10. of Octob. 1656 and before the said 30. of April last as a â—…lse Traytor and Enemy then and yet to his Highness Oliver Lord Protector of thâ—…e Nations together witâ—… one Robert Gardiner and Edward Chapman and with one William Smith of the said county of York Gentlemen and divers others did traiterously advisedly and maliciously combine together and plot and contrive to betray and yeild up the said Garrison of Hull unto Charles Stuart eldest son of the late King Charles â—…w an Enemy to this common-wealth That the said Sir Henry Slingsby by like traiterous combination the said 30. of April last and divers times after the said 10. Octob. 1656. did traiterously and maliciously plot and contrive and endeavour to stir up mutinies within the said Garrison to withdraw Ralph Waterhouse Iohn Overton Geo. Thompson c. Officers of the same from their obâ—…dience to his Highness Oliver Lord Protector That then and there and at divers other times as well bâ—…fore as after the said 30. April 〈◊〉 and after the said 10. Octob. 1656. â—…e the said Sir H. Slingsby did traiterously advisedly and maliciously plot contrive and endeavour to stir and raise up Forces against Oliver Lord Protector and against the Government of this Commonwealth as the same is established and to alter the same That the said Sir Henry Slingsby did traiterously c. then and there declare publish and promote the said Charles Stuart to be king of England Scotland and Ireland and the Dominions thereto belonging and held correspondence with him All thâ—…se things the said Sir Henry Slingsby at Kingston upon Hull aforesaid did maliciously c. carry on by conferring with the said Officers how to effâ—… the aforesaid Treason and encouraging the said officers thereunto by promising to them and every of theâ—… rewards and summes of moâ—…y â—…o joyn with him in the Treason aforesaid and by delivering to the said Ralph Waterhouse one of the Officers of the Garrison a certain Instrument under Seal which the said Sir H. Slingsby said was from Charles Stuart and did purport to be a Commission from the said Charles Stuart to him the said R. Waterhouse to be Governor of the Castle All which said Treasons are contrary to the Statute in that case made and provided With which Treasons the said Attorney General on behalf of the Lord Protector c. doth charge the said Sir H. Slingsby and prays that the said Sir H. Sl. may be put to answer thereto averring that the said Sir H. Slingsby is the person by name appointed by His Highness the Lord Protector to be tried and proceeded against Signed May 25. 1658. Edm. Prideaux Lord President Thou here standest charged for High-Treason This Court requires that thou give a positive answer whether guilty or not guilty Sir H. Slingsby I desire to have Counsel assigned me L. Pres. There is matter of Fact laid to your charge which amounts to Treason and there is no Law allowed in matters of Fact Sir H. Sl. There is also matter of Law and I desire to be tryed by a Jury which is according to the Law of the Land L. Pres. We are all here your Jury as well as your Judges we are the number of two or three Juries and your Jury is well known for they are chosen by the Parliament you are to plead to your Indictment Sir H Sl. I desire to know whether there can be any conviction unless it be by confession L. Pres. If you had looked upon the Act of Parliament that would have told you it speaks of examination of witnesses it speaks of your confession and answer and of your Default and if you do not plead to it will be very penal to you Sir H. Sl. If it be by the Laws of the Land that the Trial should be by a Jury I desire I may have that priviledge L. Pres. Acts of Parliament make Justice and Law they are both they think fit to change the custom of Trials that have been in former times and all persons must submit to it And the Parliament hath thought fit to make this Court both Jury and Judges and therefore I require that you answer whether Guilty or not Guilty Sir H. Sl. I desire that the Act of Parliament may be read L. Pres. You are before your Jury and Judges Parliaments have great care of the Rights of the people and have appointed this Court and His Highness hath appointed you to be tried by us you ought therefore to plead to your Indictment Sir H. Sl. The Law gives liberty in case of Juries to the Party accused to make his Exceptions against the Jury which he cannot do here where you are both Judge and Jury L. Pres. If you have any particular Exception to any man you may make it you were Sir of the Parliament when this Act was made Sir H. Sl. I was a Prisoner at the same time L. Pres. Although a Prisoner yet you are bound by Act of Parliament Mr Phelps Clerk You have heard your Charge read and Plea demanded the Court again requires of you that you give a positive Answer whether Guilty or not Sir H. Sl. I am my Lord of an opinion though you may account it a Paradox that I cannot trespass against
your Laws because I did not submit to them L. Pres. All the People of England must submit to the Laws of England to the Authorities of England all must submit to my Lord Protector and Acts of Parliament We sit here by Authority of his Highness by a Commission under the great Seal of England and by Authority of Parliament and you must submit to our Authority Sir H. Sl. The Laws have been so uncertain with me that I could not well know them and when I was a Prisoner I could not take notice of them I could have no benefit by your Laws because that is no Law to me which doth not give me interest and property to what I have It is the benefit of Laws that they do distinguish between meum and tuum but when you take all from me in my case it is not so Mr Attor Gen Prideaux He may enjoy as much benefit by the Laws as any if he have not for feited it and I desire he may be put to answer L. Pres. The Court again require you to plead to you Indictment Sir H. Sl. Not Guilty Mr Phelps Your Plea then is that you are not Guilty To which Sir H. S. answered Yes Mr Lichmore Mr. Attorney General having exhibited a Charge of High-Treason against this Gentleman Sir H. Sl. the Prisoner at the Bar The Charge doth set forth That the Town of Kingston upon Hull Octob. 11. 1656. and ever since to the time of exhibiting of the Charge was a Town of this Common-wealths and that within that Town in all that time there is and hath been a Garrison and part of the Army of this Common-wealth and during that time Ralph Waterhouse John Overton George Thompson c. were Officers of the Forces of that Garrison That Sir H. Slingsby minding to imbroil the Common-wealth in war April 30. last and divers other times since Octob. 10. 1656. as a false Traitor and Enemy to His Highness the Lord Protector did plot contrive and endeavor to betray the said Town and Garrison to Charles Stuart an Enemy to this Common-wealth It sets forth further that Sir H. Slingsby the time and place aforesaid did contrive and endeavour to stir up mutinies among the Souldiery of that Garrison and to raise Forces against this Common-wealth And that he did Publish and Declare the said Charles Stuart to be King of England Scotland and Ireland c. And hath held Correspondence with him And that he delivered to the said Ralph Waterhouse a certain Instrument which he said was a Commission from Charles Stuart All which Treasons are contrary to the form and effect of the Act of Parliament and the Prisoner having pleaded Not Guilty which Plea is Recorded we are ready to prove him Guilty and ready to call our witnesses Mr. Attor Gen. You have heard the Charge and Plea Not Guilty it rests upon us to prove it to you This Gentleman himself I beleeve when he hath heard them particularly opened will be convinced that of these Acts he hath been Guilty It would not have been expected from him to have tasted of the mercy of this Court For had he had justice done formerly he had not been to have answered this here I do beleeve it was expected from those that did govern to have got him off by mercy not to take him off by justice but he ceaseth not to interpose on the behalf of Charles Stuart and endeavoured to bring him in again and had like to have withdrawn the faithfull Officers of that Garrison to betray their trust if money would have done it that was not wanting to be offered if preferment would have wrought upon them that was proffered if hopes of higher preferment under Charles Stuart would â—…ave wrought upon them it would have been done But to our witnesses Ralph Waterhouse sworn Mr. Attor Gen. What discourse had you with Sir H. Slingsby touching the deâ—…vering up of Hull Mr. Waterh I had several discourses with him Particularly about the latter eâ—… of December last being a hunting Sir H. Slingsby's Son came to me in the field and told me his Father presented his service to me and gave me a Book which I looked on about an hour after and found it was a Printed Book at the beginning was a paper thus written Put this out with your finger and then tell me whether Rob. Gardiner had not spoke to me to serve the King c. presently after I acquainted Col Smith who advised me to discover if I could whether Sir H. Slingsby was carrying on any Plot I went to Sir H. Slingsby and Sir H. S. took me to the window side and hugged and embraced me and asked me if Robert Gardiner had not spoke to me to serve the King And then began with a great many good words and said that one meaning His Highness had put a disrespect upon me and if I would I might right my self with many other words and promised me a sum of money to secure the South-house for the service of the King About a week after he sent the Book again and in the same leaf wrote a few lines more which I also shewed to Col Smith he promised me 5000 l. in land or money here or elsewhere I made many Queries and told him I thought it was to no purpose he told me that if that House were secured in a little time he would bring an Army to besiege Hull and then half our work would be done He after sent me another Paper which was to this purpose â—…hat if the Governor sought for him he would give security for his peaceable living and said if I would give him a Piece he would make it twenty if he did not procure me a Commission from C. Stuart within fourteen daies he said further that a great party were in engaged in Scotland upon the second of April he delivered to me a Commission which he said was from the King and the Commission being read in Court the said Mr. Waterhouse averred it to be the same he received of Sir Henry Slingsby and which ran thus C. R. CHarles by the Grace of God with the old usual Title c. To our right Trusty and Well-beloved Maj. Ralph Waterhouse We do by these presents constitute and appoint you to be Governor of the Castle and two Block-houses near Hull and to put such a Garrison of Horse and Foot therein as you shall judge necessary for the defence of the same and to command the said Garrison as Governor thereof and to do all things necessary for the preservation of the said place Given at Bruges March 12. 1657. Sir H. Slingsby also said to me that he had spoken with Capt. Overton and promised to furnish him with money to lay in provision and engaged by a Bond to repay such money as I should lay out for the victualling of the South-house And also read a Letter from C. Stuart running thus I can never be enough sensible of your favors
may Sir H. Sl. I see that I am trepan'd by these two fellows They have said that serously against me which was spoken in mirth between us I never sought to them but they to me the Commission was procured by no intercourse with any persons beyond the Seas but a blank which I had for four years together Nor had I any correspondence beyond Sea to carry on any design here Lieutenant George Thomson sworn Being asked what Officer he was he answered I am a Lieutenant to Major Waterhouse I was desired to go and see Sir H Slingsby 16 April who told me That he had great confidence in me I said to him why â—…e told me he thought I had good thoughts of the King his Son told me he heard the King was to coâ—…e in and to â—…ring in a considerable Army but knew not when Next day I went again to Sir H. and asked him if he would walk on the Leads which he did and there I told him I had been pondering on the words he last spoke to me who then hugging me â—…aid I have a great deal of confidence in you therâ—… is a design in agitation to bring in the King with a considerable Army but he did not know how soon it would be but 〈◊〉 me I should have notice of it and said that the King had promised pardon to all Officers but the Lord Protector and Lord Bradshaw Sir H Sl. I confess such like discourses but Waterhouse spoke to me that I would speak to Thomson to try whether he would be assistant but I told him I would not least he should not accept it and then turn him out of his place Waterhouse pressed me to go to Thomson and M Waterhouse invited us to his house to Dinner after Dinner be spoke to Thomson to go with me on the Leads to shew me the Guns we walked about and came down agains then said Waterhouse to me did not you speak to Thomson I said not you had a good oportunity said he At last Thomson came to me and I had some discourse with him about it L. Pres. Sir H. S. have you any thing else to say Sir H. Sl. No my Lord Then Mr. Mr Serjeant Maynard summed up the Charge Plea and Evidence and eloquently set forth the fulness and clearness of the Evidence with the heynousness of the oftence and demanded the Judgment of the Court Mr. At. Gen. I shall not trouble you with repetition the matter being clearly laid open the place where this acting was and where the design was laid was I may safely say the most considerable place in England for Charles Stuart's design a place strongly seated and scituated and remote from this City and had he prevailed there as he endeavoured it had not been peace with us that now are here And truly my Lord I cannot but pitty those Gentlemen that are thus drawn into designs which I am confident will never take and I am sorâ—…y that people should be so seduced as they are for their seducers bring them to the Gallows and then laugh at them And my Lord I pitty this Gentleman pointing at Sir H. that those gray hairs should thus go to the Grave I have no more to say but crave the justice of this Court The Serjeant at Arms was commanded to take away the Prisoner Proclamation for adjournment of the Court into the Painted Chamber After a little private Debate in the Painted Chamber they adjourned till Thursday next nine in the morning Thursday May 27. being appointed for the meeting of the same Court about ten of the Clock they accordingly met in the Painted Chamber Westminster where after about two hours private debate they adjourned till Tuesday next the first day of June The Substance of Doctor HEVVET's Trial On Tuesday the first day of June 1658. THE Serjeant at Arms being commanded by the Court to fetch the Prisoners to the Bar Dr. Hewet was brought to the Bar accordingly After Proclamation was made for silence the Lord President asked Mr. Attorney Gen. what he had to say against the Prisoner at the Bar. Mr. Attorney Gen. thereupon exhibited an Impeachment of High Treason against the Prisoner and desired it might be read and prayed that the Court will please to receive his Answer thereunto The Charge was read by Mr. Phelps the Clerk the effect of which was as followeth viz. That John Hewet late of the Parish of Gregorie's in the City of London Doctor of Divinity minding and intending to embroyl this Common-wealth in new and intestine Wars the 30. of April now last past and at divers times since the 10 of October which was in the year of our Lord 1656. and before the said 30. of April last past as a false Traitor and Enemy to Oliver then and yet Lord Protector of the Common-wealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging and to the said Common-wealth together with one Trelawney late of London Gent. Henry Bishop of Lewis in Sussex Gent. and other their Complices at the Parish of Gregorie's aforesaid and at Lewis in Sussex did traiterously advisedly and malicioufly plot contrive and endevour to stir up force and levy war against the said Oliver Lord Protector and against the Government of this Common-wealth as the same is now established and to subvert and alter the same And did also then and there and at divers other times and places as well before as after the said 30. day of April now last past and after the said 10. of October 1656. traiterously advisedly and maliciously declare publish and promote Charles Stuart eldest Son to the late King Charles to be King of England Scotland and Ireland and the Dominions thereunto belonging And did then and there traiterously advisedly and maliciously hold intelligence and correspondence with the said Charles Stuart All which said Treasons he the said John Hewet at the Parish of Gregorie's in the said City of London and also at Lewis and elsewhere did traiterously advisedly and maliciously declare at the times and places aforesaid by conferring with John Stapley and Henry Mallory how to effect the same and by encouraging the said John Stapley and Henry Mallory thereunto and by delivering Commissions to them from the said Charles Stuart concerning the levying War against the said Oliver Lord Protector of the Common-wealth of England Scotland and Ireland All which said Treasons are contrary to the Statute in that case made and provided With which said Treasons committed and done the said Attorney Gen. for and on the behalf of his Highness the Lord Protector and the Common-wealth doth charge and Impeach the said John Hewet And for and on the behalf of the said Oliver Lord Protector and the Common-wealth prayeth that the said John Hewet may be put to Answer that such Trial Judgement and Proceedings may be had against him as to justice doth appertain And the said Attorney Gen. doth averre that the said John Hewet is the person
of High Treason and misprision of Treason according to Justice and the merits of the cause and such final sentence to execute or cause to be executed speedily and impartially Dr. H. My Lord this is a printed paper which is called an Act of Parliament L. Pres. I must take you off you have been required to answer often required and having refused in the name of the Court I require the Clerk to record it and pray take away your prisoner Dr. H. My Lord Court Take him away take him away The Substance of Mr. MORDANT'S Trial On Tuesday the first day of June 1658. THE Serjeant at Arms was commanded to bring John Mordant Esq to the Bar who was brought accordingly L. Pres. Mr. Attorney What have you to say against the Prisoner at the Bar Mr. Att. G. My Lord I have prepared a Charge of High Treason against the Gentleman at the Bar which I desire may be read The substance of the Impeachment Mr. Phelps John Mordant Esq Stand at the Bar and hear your Charge A Charge of High Treason against John Mordant of Clement Dâ—…es in the County of Middls Esq as followeth viz. That John Mordant late of the Parish of Clement Danes in the said County of Middls Esq minding and intending to embroil this Common-wealth in new and intestine Wars and Seditions on the 30. of April now last past and at divers other days and times since the 10. of Octob. 1656. and before the said 30. of April last as a false Traitor and Enemy to Oliver then and yet Lord Protector of the Common-wealth of England Scotland and Ireland and the Dominions thereto belonging and to this Common-wealth together with Henry Bishop late of Parham in the County of Sussex Gent. Hartgil Baron and Francis Mansel and divers others their Complices at the Parish of Clement Danes aforesaid and at divers other places did traiterously advisedly and maliciously plot contrive and endevour to stir up and raise War against the said Oliver then and yet Lord Protector of this Common-wealth and against the Government thereof as the same was established and to alter and subvert the same And did also then and there as well before as after the said 30. of April last past and after the the 10. of Octob. 1656. traiterously advisedly and maliciously declare publish and promote Charles Stuart eldest Son of the late King Charles to be King of England Scotland and Ireland c. And did then and there traiterously advisedly and maliciously hold intelligence and corresâ—…ondence with the said Charles Stuart All which said Treason and Treasons he the said John Mordant the said 30. of April last and other the times and places aforesaid and after the said 10. of Octob. 1656. at Clement Danes and other places did traiterously declare by overt act that is to say by conferring with J. Stapley Esq and Henry Mallory and others how to effect the same And did then and there encourage the said J. Stapley and H. Mallory and others thereunto And did deliver Commissions to several persons in the name of and as from the said Ch. Sâ—…uart concerning the raising of Forces and levying War against the said Oliveâ—… then and yet L. Prot. and against this Common-wealth All which said Treason and Treasons are contrary to the Statute in that case made and provided With which said Treason and Treasons he the said Attorney G. for and on the behalf of the said Oliver then and yet L. Pro. and on behalf of the said Common-wealth as aforesaid doth charge and impeach the said J. Mordant And the said Att. Gen. prayeth That he the said J. Mordant may be put to answer And that such Proceedings Trial and Judgment may be had against the said Mordant as is agreeable to Law And the said Att. Gen. doth averre that the said J. Mordant is a person by name appointed by his Highness and Councel to be proceeded against Mr. I helps Cl. John Mordant Esq Thou standest here charged with High Treason against his Highness the L. Protector and the Common-wealth You have heard the Charge read the Court demands your positive answer thereto whether guilty or not guilty Mr. Mord. My Lord I desire I may hear the Commission read by which you sit L. Pres. You are impeached of High Treason We require your Answer Mr. Mord. I desire the Commission may be read and the Commissioners names L. Pres. You are to be tryed by the Laws of England Act of Parliament and Commission under the Great Seal of England in pursuance of that Act Mr. Mord. I claim it as my right I am ignorant in Law I desire it may be read L. Pres. It is not granted to any Mr. Mord. My Lord will you take away that liberty that we shall not know by what Commission we are tryed and who are our Judges I desire I may not be made the first president L. Pres. It is visible who are your Judges they are named by Act of Parliament We are your Judges Mr. Mord. My Lord if the Act specifie any such thing that it may not be read I have done I desire it may be read that I may have a legal and just proceeding L. Pres. The Act of Parliament doth not require it Mr. Mord. The Act doth not deny it L. Pres. You shall have all the privileges that may be but you must first plead Mr. Mord. My Lord I demand this to hear the Commission read Mr. Att. G. My Lord Pray let him know what is done to warn him lest he fall into the same condemnation There was one but a little before you that demanded the same thing and the Court hath ruled it otherwise and he hath received his Sentence I tell you of it that you may beware and know how to carry your self If Mr. Mordant will be pleased to answer whether or no guilty of those Crimes then he shall have a fair Trial and full Examination If otherwise the same Sentence must be required as before that is upon refusall the Judgement pronounced for High Treason Mr. Mord. My Lord I humbly crave the Act may be read Mr. Att. G. The Act is publick the Court are not to give you an account of their authority or the way of their proceedings they require your Answer Mr. Mord. My Lord shall I not know by what Law I am tryed nor by what Act nor by what Commission L. Pres. You seem to be a young Gentleman I wish rather you would plead Not guilty or make an ingenuous Confession Mr. Mord. My Lord This is the first time that I have been before any Court in my life I desire that my reason may be convinced either assigne me Counsel to argue it with this learned Councel and if they convince my Counsel I shall submit or if this Councel will say the Law doth debar me the hearing of the Commission and the Act read to me I shall refer it to the Judges of the Law and by their opinions I will
be disputed they that live in this nation are not to dispute it if that Gent. will please to recollect himself and not my Lord thus expostulate and dispute with the Court of Justice if he please to put himself upon a Tryal if he thinks himself innocent I think it is best and if he refuse it his sentence is from himself Mr. Mordant I do not my Lord dispute the power of the Court but I desire my reason may be convinced and that I may have Counsel L. Pres. We are clearly of opinion we have not power in this case to appoint any other Jury not to summon a Jury we our selves have taken on oath you would do well to plead Mr. Mordant My Lord I have but little to say and that is that as that Gent. said it was referred to the Court what Jury I shall have I desire my Lord to know whether the Court doth intend to try me by a Jury Mr. Sol. Ellis They do not Mr. Mordant Is the Court Judge and Jury Mr. At. G. If you will deal ingenuously with the Court I think that is best Mr. Mordant Seeing I am here overuled though not convinced in my reason I shall demur to the Court and plead not Guilty I desire a Copy of my indictment and time to plead L. Pres. It was never done for any Indictment of High Treason was never delivered to any Prisoner Mr. Mordant I urge my Lord Cooke for Authority for a copy of my Indictment Mr. Phelphâ—…s John Mordant Esquire you stand here charged of High Treason to this charge you plead not guilty is this your Plea Mr. Mordant Yes Mr. Mordant I beg my Lord that my ignorance of the Laws may not prejudice me not understanding or knowing any thing of the Law and this granted me I shall address to my justification Mr. At. G. Do you stand to your Plea not guilty Mr. Mordant Yes Mr. Litchmore My Lord I shall shortly open the Impeachment The Attorney Gen. hath exhibited a Charge of High Treason against John Mordant Esq viz. That he the said John Mordant intending to embroile this Nation in new and intestine Wars the 30 of April last past and at divers times since the 10 Octob. 26 together with Henry Bishop Hartgil Baron c. at the Parish of Clem. Danes in the County of Middlesex did traiterously advisedly and maliciously plot contrive and endeavour First to stir and raise force and levy war against his Highness the Lord Protector and the Common-wealth to subvert and alter the Government of the same Secondly That he did traiterously advisedly and maliciously declare publish and promote Charles Stuart to be King of England Scotland and Ireland Thirdly That he did traiterously advisedly and maliciously hold intelligence and Correspondence with C. Stuart and that he did declare these Treasons by overt act that is to say by conferring with John Stapley and Henry Mallory how to effect the same and did deliver several Commissions from C. Stuart to several persons and this contrary to the Statute To this charge of High Treason the Prisoner pleads not guilty we are ready my Lord to call our witnesses to prove him guilty of these several Crimes and with the leave of the Court we shall call our witnesses Mr. At. G. I wish Mr. Mordant had done this before and made himself capable of more favour Mr. Mordant then desired to have Pen Ink and Paper which was granted him John Stapley and Anthony Stapley were then called John Stapley sworne Mr. At. G. We produce this Gent. I suppose he is well known to the Prisoner to prove the Charge I desire he may declare what he knows Mr. At. G. What do you know concerning the discourses of Mr. Mordant with you touching the bringing in of Charles Stunrt John Stapley I have been in Mr. Mordants company several times and what I can say will not be much Mr. Mordant did once tell me there was such a design as the bringing in of the King and he did ask me if I did not know of such a thing I told him no he was pleased to tell me somewhat of it I asked him if he was engaged in it he told me he was not Mr. At. G. What did he tell you concerning his being entrusted by the King therein John Stapley He told me the King wrote to him to speak to his friends that they would be ready to assist him when he should come into England with force which he told me was with 7000 men this was the chief of all Mr. At. G. Did he not say that he had Commissions from the King John Stapley He did not tell me so but I have heard him say others had had Commissions two other Gent. in Surrey Mr. At. G. Did he not encourage you thereto what Arguments did he use John Stapley He spoke to me of it several times Mr. At. G. After what manner J. Stapley Onely in commendation of the thing I heard him say that if there were a necessity Surry folks would come into Sussex to assist them Mr. At. G. Who was present at any of these discourses J. Stapley There was none but him and my self Mr. At. G. At what place and at what time J. Stapley Near his own house at several times I have told you the main oâ—… the discourses Mr. Mordant Mr. Stapley about what time was this J. Stapley Above a year since Mr. Mordant Mr. Stapley at what place was the encouragement made Mr. Stap. I do not know what he means by Encouragement he onely told me of it Mr. Mordant I desire to know when I told you that I had received a Letter to encourage my friends from beyond Sea and who was by Mr. Stap. There was no body by L. Pres. About what time did he tell you of this Letter Mr. Stap. About half a year since L. Pres. Who was by Mr. Stap. No body my Lord Mr. Sol. Ellis Did he tell you it was the King that wrote to him and therefore it was just to assist him Mr. Stap. I think I heard him say so I cannot take my Oath of it L. Pres. Did he tell you what considerable persons were concerned Mr. Stap. I have heard him speak of some persons that were ingaged in this design Sir Fran. Vincent and one Brown he said that Sir Will Waller spake to him to speak to me L. Pres. When Mr. Stap. Above a year since it was since the Parliament Mr. Mordant My Lord I do not know Sir W. Waller Anthony Stapley sworn Mr. At. G. What discourse have you had with Mr. Mordant touching Charles Stuart A. Stap. We were about a quarter of a yeare agoe at the halfe moon Tavern in Aldersgatestreet at that time there was no discourse about the business at all After that he was speaking to me about the Times losses of priviledges great taxations c. wherein I agreed with him and wished they might be better I asked him if there was any way to help it
Lord I leave it to you I remit my life into your hands resting and believing your Lordshâ—â—â— will deale with me as one of this Nation an English Freeman I leave it to you and doe submit L. Pres. Withdraw thâ—… 〈◊〉 Proclamation to adjourn into the Painted Chamber After a little debate in the Painted Chamber they adjourned till the morrow the second of June 2 June 1658. The Lords Comissioners met in the Painted Chamber about to in the morning and there continued till about 4 a clock afternoon and thâ—…n adjourned into Westminster Hall where Proclamation being made the names of the Lords Commissioners being read Mr. Serj. was commanded to bring Dr. Hewet Sir H. Slingsby and Mr. Mordant to the Barr. Proclamation for silence was made Mr. Phelps Si. H. S. Stand at the Barr and heare what the Court hath to say to you Mr. At. G. My Lord as for Sir H. Slingsby and Mr. Mordant you have heard the impeachment read and their Pleas I have given in the evidence I pray your judgment as to them as for the other you have heard the impeachment and no defence I pray your justice L. Pres. and Sir H. S. Knight thou hast been impeached on the behalfe of the Lord Protector and this Common-wealth of High Treason to which thou hast pleaded Not guilty which the Court hath taken into consideration What hast thou to say further why this Court should not proceed to Judgement S. H. Sl. My Lord I humbly desire I may be try'd by a Jury for I must say you are my Enemies pardon the expression if not so why did you Sequester me and sell my whole estate and why did you deny me the Act of Oblivion There is no man would willingly appeale to his adversaries there are some among you that have been instrumental in my Sequestration and in the selling of my Estate for which they gave me no reason but this that I would not compound when I thought not fit so to doe when there was no establishment or setled peace if I had compounded I had not been sure whether I might not have compounâ—…ed over again my Estate hath been Sequestred and sold now to be my Judge and Jury I humbly pray being a Commoner I may be try'd by Commoners L. Pres. and S. H. Sl. I am not to heare you as to any of these things you have pleaded already this is not a time of pleading but a time of judgment Therefore I must require your silence and heare me a few words S. H. Sl. I am really c. The Lord Presidents Speech SIr Henry Slingsby I am really and truly afflicted for your sad condition but when I consider the nature of your Offence with the circumstances and aggravations of your Treason committed when I consider your person and that such a person as you are should be instrumental in so detestable a Conspiracy and when I think of that Judgement that must be given against you methinks you are one of the saddest Spectacles that ever I beheld in all my days I beseech God that you may seriously lay it to your heart with sorrow and repentance and that you may be more sensible of what you have done then of what you are to suffer Sir Was it not a great aggravation of the sins of the Egyptians that when God had declared himself by so many signs and wonders on the behalf of the Israelites that yet notwithstanding they would still pursue Moses and Israel was not this a great aggravation of their sin Who is so great a stranger in this Nation as to be ignorant what God hath done amongst us by a series of wonderful Providences so many years together against that very party who are still hatching of Treasons and Rebellions amongst us It grieves my very soul to think of it that after so many signal Providences wherein God seems to declare himself as it were by signs and wonders that your heart should be still hardened I may say more hardned then the very hearts of the Egyptians for they at length did not only see but but confessed that the Lord sought against them but you O that you would confess and give glory to God You cannot chuse but 〈◊〉 that the Lord fights against you that the stars in their courses â—…ght against you and yet you will not see you will not confess until destruction over-takes you This is a sad lamentation and I beseech God that you may 〈◊〉 consider it Sir If the signal and the wonderful Providences or God will not deter you yet methinks National consiâ—…rations should 〈◊〉 you from such a Treason as this is Charls Stuart is in 〈◊〉 with Spain against England he is in Confederacy with that great Popish intâ—…t Is it imaginable that an Englishman that a Protestant should aâ—…st â—…uch a 〈◊〉 as this is yet that which is not imaginable in it 〈◊〉 is hâ—… 〈◊〉 and evidently proved â—…ore us Sir H. Slingby There are three witnesses 〈◊〉 or Waterhouse Capt. Overton and Liâ—…ut Thompson two of them full in evidence as to every Charge against you and three of them as to â—…ome of the Charges and besides your own Confession at the Bar full in proof against you Did it not clearly appear in proof before us that you promoted C. Sâ—… to be King oâ—…oâ—…England Did it not clearly appear before us that you endeavoured to betray the Garriâ—…on of Hull to C. Stuart Did it not likewise clearly appear before us that you endeavoured to withdraw the Officers and some of the Soldiers of that Garrâ—…â—…rom their oâ—…edience to his Highness and to make a mutiny in that Garriâ—…on and all the circumstances did clearly appear Was it not proved before us that you offered a Commiâ—…on to Major Waterhouse and promised him a Commiâ—…on in the â—…rst place and a second to Capt. Overton and a Deputation to the third And what you promised did you not make it good Did you not with your own hand offâ—…r a Commission sealed and said it was from C. S. And did you not only encouragâ—… him by telling him that he was coming into England with a considerable Force but did you not prâ—…mise also that upon his landing 5000l should be paid to Maj. Waterhouse All these things were clearly proved before us Sir What said you to this Proof You confessed upon the mattâ—…r aâ—…l in effect all but only some things you said by way oâ—… excuse and I shall truly relate them all All you did you told us was but in Jest What Sir if thoâ—… discontented English that complied with Spain in Q. Eliz. days in 88. had said they had been in â—…st what would you have thought of that Sir What if those â—…uited Papists that would have blown up the Parliament-house upon the 5. of Novâ—…mb with Barrâ—…ls of Gunpowder had said that they had brought in those Barrâ—…ls in Jest what would you have thought of it Sir be not deceived As a man sows so shall he reap You
have â—…owed Treason and Rebâ—…llion and you are now come to reap the fruit of it And Sir you told me you did not own the Government you were a Prisoner and therefore could not be bound by the Laws of that Government Sir doth not every Englishman owe a natural Allegiance to the supreme Magistrate of England Is not every Englishman whether in Prison or out of Prison bound by the Laws of England Sir if you own not the Government of England that is an offence in it self a great offence and would you make an offence against the Government to be an excuse or justification for Treason The last thing you said was this you told us you were Trepan'd into it Sir did not you your self of your self promise a Commisâ—…on to Majâ—…r Waterhouse did you not oâ—… your self offer 5000 pound to be paid assoon as C S. Landed upon English ground I shall name those worthy Gentlemen for hoâ—…ors sake to them that had a hand in this discovery It was that prudent and faithfull Governor of Hull Col. Smith that had a hand in it There was those worthy and faithfull Commanders who were here in Court Maj. Waterhouse Capt. Overton and Lievt. Thompson Sir these faithfull and worthy Gentlemen have carried themselves in this business like the man of understanding that Solomon speaks of I have done only I would say one word to you because I hear you are a Protestant I would only ask you this question what think you would have become of the Protestant Interest of the Protestants of England Scotland and Ireland If you had had your will if Charls Stuart had come in if you had â—…ut time but the Lord knows you have not time to look over the Records of England to look over the declarations of Parliament since 1640. if you could remember it Sir it would tell you what Family it was that betrayed the Protestants in France when Rochâ—…l was taken what Family it was that betrayed the Protestants in Germany and in the Palatinate vvhen a peace was made with Spain without consent of Parliament What could you think of that Family thâ—…r did tolerate Popery for a match with Spain What then would that Family have done if it could have gained them England Scotland Ireland And now Sir but one word more to you as you are an English-man I beseech you consider what would have become of this Nation if you had had your will you had brought a new Civil war upon England at the least I cannot think of a New Civil war upon England but I think of desolation upon desolation to this poor Nation c. I have but one word to say to Dr. Hewet And Sir when I look upon you as a Minister I must confess I do not know how to speak to you because it has always been my way to speak to men of your Profession to Ministers I never spake to them but as a Childe speaks to his Father Such reverence and such regard I bear to their Office But to speak so to a Minister as a Judge speaks to a Traytor I must confess I know not how to do it But Sir there must be words spoken to you though I do not speak them and not onely to you as a Ttaytor but a Traytor in the highest degree not as a Traytor as you are intituled for endeavoring to levy a new War and to bring desolation and a War in this Nation but such an one as should rather die a Traytor then own the Authority of the Nation But Sir I know not how to speak to you and therefore the â—…ecord must speak to you and I my self will not any further I have now a word to speak to you Mr. Mordant God hath appeared in Justice and God doth appear in Mercy as the Lord is just to them so he is exceeding merciful to you and I may say to you That God appears to you at this time as he speaks to sinners in Jesus Christ for Sir he doth clear sinners in Christ Jesus even when they are guilty and so God cleareth you I will not say you are guilty but ask your own Conscience whether you are or noâ—… Sir bless God as long as you live and bless my Lord Protector by whose authority you are clered Sir I speak no more but I beseech you to speak to God And now let me add this word to those two Gentlemen Sirs when I have done speaking I shall never have done praying for you as long as you are alive that is the last thing I must say to you And now let the Judgment of the Court be read Thereupon the Clerk read the Judgment and Sentence of the Court against Sir H. Slinsby Kr. which was as followeth THat the said Sir Henry Slingsby as a false Traytor to his said Highness the Lord Protector and this Commonwealth shall be conveyed back again to the Tower of London and frâ—…m thence through the middle of the City of London directly shall be drawn unto the Gallows of Tibourn and upon the said Gallows there shall be hanged and being alive shall be cut down to the ground and his Entrails taken out of his Belly and he living be burnt before him and that his Head shall be cut off and that his Body shall be divided into Four quarters and that â—…is Head and Quarers shall be placed where His Highness the Lord Protector shall be pleased to â—…ssign In the next place the same Judgment and Sentence of the Court was read against Dr. Hewet being ingrost in like manner This being done the Judgment of the Court was declared concerning Mr. Mordant whis in short was That upon consideration of the whole matter in reference to the Charge against him and his Plea thereunto They did adjudge him Not guilty And so the Prisoners were dismist Proclamation being made the Court adjourned back to the Painted Chamber where they ordered the execution of the Sentence upon Sir Henry Slingsby and Dr. Hewet to be on Saturday next And Warrants are issued out to the Sheriffs of London to see execution done accordingly Then the Court adjourned it self till Thursday the Tenth instant Notwithstanding the former Sentence passed by the High Court yet his Highness being informed that Dr. Hewet prisoner in the Tower of London who stand attainted of High Treason before the Commissioners appointed by Act of Parliament for levying War against his Highness and the Common-wealth had Judgment to be hanged drawn and quartered at Tibourn this instant Saturday His Highness was graciously pleased upon humble suit made to reprieve him till Tuesday the eighth insiant at which time he is to be executed on Tower-hil by severing his Head from his Body and His Highness pleasure is that the Judgment shall be remitted The like favor also was extended to Sir Henry Slingsby who is to suffer the same day in the same place The manner of the Execution of Sir HENRY SLINGSBY on Tuesday the 8. of June
he said yea and said that Charles Stuart was intending for England and that would be a fair opportunity to redresse all grievances At Birkshire house there he was pleased to enquire concerning the affairs of Sussex and in what preparation they were in case the King of Scots should land I told him I did not know I had not been in the Countrey lately I did believe that there would not be an apearance suitable to his expectation he told me something concerning Surry that there was a considerable strength there ready to assist us in Sussex and joyn with us when any such thing should happen he did say that he had delivered out four Commissions three for horse and one for foot but to whom I know not I dare not sweare it but it is to the best of my remembrance Mr. At. G. What discourse past between you at the Halfe moon Tavern in Aldersgate street about March last A. Stap. It was the day that the Cavalier party were to depart the Citie there was Captain Mallory my selfe and this Gentleman Mr. Mordant and then he spoke again concerning Sussex that the King of Scots coming was suddenly expected and desire to know in what readinesse we were I told him I could not tell but I did believe that things would be in as great a forwardnesse as the times would permit It was agreed upon that some of our Countrey should meet Mr. Mordant at Crawly in Surry upon the Tuesday following Mr. At. G. What was the end of your meeting A. Stap. It was to consider further how things might be carried on as to the businesse of Surry and Sussex there was an expectation of the landing of Charles Stuart and he did say that he heard Charles Stuart was in a readiness Mr. Mallory my selfe and Mr. Mordant were to meet further to debate of things I understood it was for the businesse of the King but it was not positively so expressed he asked me how things went on in Sussex I told him I could not satisfie him Therefore we told him there should some of our Countrey meet him at Crawly to give him an account he said there was a considerable force but I never heard him speak of any number of Horse or Foot in Surry Mr. Mord. Mr. Staply I desire to know when I spoke to you of this A. Stap. My Lord it was I cannot tell the dayes but it was suddenly after the breaking up of the Parliament all the discourses were since the breaking up of the last Parliament Mr. Mord. I desire to know where I spoke this and who was by A. Stap. As I take it the first discourse was at Long Acre but no body by Mr. Mord. I desire to know the time when I met him at the Halfe moon Tavern A. Stap. It was the day set for the departing of the Cavalier party out of Town Mr. Mord. I desire to know who was by A. Stap. Captain Mallory Mr. Mord. I desire to know whether I did meet at the place appointed A. Stap. My Brother and Mr. Mallory did not meet him because my Brother was sent for to Whitehall Mr. Mord. I desire to know the witnesses to all he says A. Stap. It was all private only once at the Halfe moon Tavern with Captain Mallory Mr. At. G. My Lord there was mention made of one Captain Mallory whom we did intend to have as a witnesse he was committed upon this design being privy to it It hath so fallen out that he is lately escaped I desire that Mr. Serjeant or Armes Major Ellison Thomas Tatlock and William Capput may be sworn All four sworn Mr. At. G. We doe produce these witnesses for this end Captain Mallory was a prisoner and we did intend to make use of him here but it hath so fallen out that his guilty conscience hath made him to fly Aske these concerning his being custody and endeavour of escape Maj. Ellis My Lord Captain Mallory was in custody and a guard constantly set upon him which guard was relieved every twenty four hours the manner of his escape I only had by relation we have used all endeavours to have found him since he is escaped we did that night send presently to Southwark to Inns there and laid wait for him and sent to Captain Mallory's Brother-in-Law where he formerly lay examined him but all in vain where we had any intimation of any relation of his we did send to search for him Serj. Dan. My Lord upon the twenty eigth of May last since the escape of Cap. Mallory I received a warrant from the Councel commanding me to use all diligence for apprehending of Cap. Mallory I have accordingly endeavoured it not knowing his Relations I did not speak to them I have used all means I could but cannot find him Tho. Tatlock My Lord Cap. Mallory went away about nine a clock at night he went away in a black suit and cloak Wil. Capput All that I know My Lord is that Cap. Mallory was a prisoner and changed his habit and hair went away and left money in the window to pay for his lodging Mr. At. G. My Lord the intention is to shew you Cap. Mallory was a prisoner is escaped and what means have been used for his apprehension Officer pray swear Mr. Scobell Mr. Scobel sworn Mr. At. G. My Lord Mr. Scobell was one of the Justices of peace that took Cap. Mallory's examination upon oath Mr. Scobell My Lord Cap. Mallory gave in information upon oath before my Lord Gosse and my selfe upon the twenty first of Aprill last and upon his oath did inform us that about the beginning of March last Cap. An. Staply and himselfe being at the Halfe moon Tavern Joh. Mordant Esq. being upon the Exchange was sent for to Mr Staply and that he came Thereupon Mr. Staply presented Cap. Mallory to Mr. Mordant as a Gentleman that was interested in Charles Stuarts designe together with Mr. Staply that was his Brother he said that by that Brother he meant Joh. Staply Esq. Thereupon he informed us that Mr. Mordant did demand of Cap. Mallory in what readinesse the Horse that were to be raised in Sussex were Mr. Mallory informed us that to that he returned an answer that they were not in so good a posture as he did believe Mr. Joh. Staply had represented to Mr. Mordant but doubted that it would fall much short Mallory told us that at that answer Mr. Mordant did much wonder because he said Charles Stuart the King was in a very good posture and that there was a daily expectation of his coming over with forces and that thereupon Mr. Mordant did desire that there might be a meeting in some convenient place beeween him and Mr. Staply and such others of that County of Sussex as should be thought fit My Lord it was he said to this end that there they might conferr together and understand how the affairs stood in reference to the Counties of Sussex and Surry that they might
the better assist each other in the intended insurrection he did inform us my Lord that accordingly it was agreed there should be a meeting upon the Tuesday following at Crawly and in order thereunto he said that Mr. An. Staply and himselfe did speak with Mr. Joh. Staply to have a meeting accordingly at Crawly upon the Tuesday following and they did agree to it he said that they should meet with Mr. Mordant at Crawly but in the mean time Mr. Joh. Staply being sent for to Whitehall that meeting was prevented My Lord this is all L. Pres. Mr. Mordant would you aske Mr. Scobel any question M. Scobel I suppose that Mr. Mordant's asking me any question will not advantage him or that my testimony is disadvantageous to him for all that I have spoke was the same that Mallory declared unto me and my Lord Gosse as Justices of the peace Mr. Mord. My Lord I neither know this Gentleman nor Mr. Mallory upon my oath Mr. At. G. Mr. An. Staply were you with Cap. Mallory and Mr. Mordant at dinner together at the Halfe moon Mr. A. Stap. My Lord Cap. Mallory was once there but not at dinner Mr. Sol. Ellis The Attorney Geueral hath exhibited a charge of High Treason against the prisoner at the Barr that was to raise force against the Government and publish Charles Stuart to be King and held correspondence with him Mr. Mord. My Lord you have heard the witnesses the first Gentleman Mr. Joh. Staply he was pleased to urge against me that I said Charles Stuart writ to me to engage my friends but said not that he saw the letter or that any one was by he did not name the time or place but at randome but that I said so being asked about Commissions he denyes that I told him I either had Commissions or delivered any he says I gave him encouragement to this engagement or what he cals it I know not but he doth not say what kind of encouragement it was he doth not say I promised him money or preferment he says he heard I engaged two other Gentlemen Sir Francis Vincent and Col. Brown he was asked if any was by at these discourses he said none was by My Lord this is a single evidence he says it was a year or more since he says I said I was intrusted by Charles Stuart about the latter end of the last winter For Mr. An. Staply he urges against me that at his lodging I discoursed with him that the way to helpe us was to bring in Charles Stuart he says that I said in Surry was a considerable strength to joyn with Charles Stuart which if true might prove troublesome to me but I have not been in Surry this year and a halfe he says only to the best of his remembrance I said I had three or four Commissions but he says it is to the best of his remembrance but doth not say he saw the Commissions and will not swear whether they were for Horse or Foot he says at the Half-moon I spake with him and Mallory who that is I have already spoke to he says I did not name the number of any forces that were ready he says that we agreed to meet on the Tuesday following at Crawly with Mr. Mallory but says that I was not there My Lord I doe not know that place He says it is in our Country but it is not he says it was his Brother Joh. Staply that was to meet me he says it was not about any positive thing why I was to meet there but in generall to carry on things about the intended design he says not that I said it but that I said I heard that Charles Stuart would land with a considerable party he says it was to debate things in generall he said it was not said about Charles Stuart that he was not mentioned but he supposed it to be so he says positively that I never spake of any number of Horse or Foot or any thing of that kind I asked him when I first spoke of this he returned no time would not say any positive time but said all was since the breaking up of the Parliament I asked him who was by he said no body all was private he says the time when we were at the Halfe moon was near the time that those that served the late King were banished he says positively I did not meet at the place appointed and he gives the reason a very insufficient one because his Brother was sent for up that could not hinder me he waves his own meeting he says all was private I submit it all to this honourable Court Mr. Sol. Ellis The Charge is for levying of War to alter the Government and embroyle us again in a new War to which he pleads not guilty for the proof of this we have offered to you witnesses I shall take them in order as the Gentleman did at the Barr. John Staply said Mr. Mordant said the King writ to him to encourage and engage his friends to assist him at his coming but says not the time when this was done he says he did not see the letter but says Mr. Mordant told him he had a letter all the discourses because he says there was no time it agrees that they were since the tenth of October 1656 and so it is clear within this Act and within your jurisdiction Now see how it was carried on after he had told him this how doth he encourage him in his telling him the justice of the cause the persons engaged therein and of Sir William Waller Then My Lord he told them if the Forces of Sussex were not sufficient that the Surry forces would come to assist them for the coming in of Charles Stuarâ—… this both John and Anthâ—…ny Staply So that we conceive under favour that Joh. Staply and An. Staply doe agree in most of the circumstances An. Staply says that Mr. Mordant came to him tels him there were great grievances I says he but how shall it be remedied tels him that Charles Stuart intended to come to England with a great force which would redresse them he asked him how the businesse was in Sussex he said it was not in so good a posture as he expected he said that Surry forces should joyn with Sussex My Lord I leave it nakedly to you if you find this to be true we submit it to you and Mr At. G. will pray what his place requires Mr. At G. You have heard the business this Gentleman hath interposed himselfe where he was not called it is a happiness this business was discovered upon this evidence I leave it to your justice and as you shall judge I shall say more Mr. Mord. My Lord I will speake to you very short it is this that to all this though it be urged against me by the ablest men in the Land yet there is but one witnesse in a manner and that differing in many circumstances Here he was interrupted My